When a loved one passes away, families are often left facing not only grief but also the practical realities of managing their estate. If the person died without a valid will, the process can become more complicated. In Tennessee, this situation is known as dying “intestate,” and state law—not the individual determines how property is distributed. For families in Sevierville, Gatlinburg, Pigeon Forge, Nashville, and throughout East and Middle Tennessee, understanding what happens without a will can prevent confusion and help you prepare for the probate process.
What Does Intestacy Mean?
Intestacy occurs when a person dies without a will or when the will they left behind is invalid. Instead of following personal instructions, Tennessee courts apply intestacy laws to decide who inherits. This process may not reflect the wishes of the deceased, but it provides a legal framework for distributing assets.
How Property Is Distributed
Tennessee’s intestacy laws outline a clear order of inheritance:
- A surviving spouse often receives the largest share, sometimes the entire estate if there are no children.
- If there are children, the estate is typically divided between the spouse and the children.
- If there is no spouse or children, other relatives—such as parents, siblings, or more distant kin—may inherit.
This system ensures property remains within the family, but it may leave out friends, charities, or non-relatives the deceased might have wanted to benefit.
Who Manages the Estate
When there is no will naming an executor, the court appoints an estate administrator. A surviving spouse usually has first priority, followed by children or other close relatives. The administrator is responsible for gathering assets, paying debts, and distributing property according to Tennessee law. In some cases, disputes can arise among family members over who should serve, which can delay the process.
The Risks of Dying Without a Will
Passing away without a will leaves loved ones with uncertainty and, sometimes, conflict. Families may disagree about property, guardianship of minor children, or the best person to serve as administrator. Without clear instructions, the probate process can take longer and cost more, leaving heirs frustrated and strained during an already difficult time.
How Champagne Law Firm Can Help
At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we guide families through the challenges of intestacy. Our attorneys explain Tennessee’s inheritance laws, help administrators fulfill their duties, and resolve disputes that may arise along the way. We also work with individuals who want to create wills and trusts to make sure their wishes are honored and their families are spared unnecessary stress in the future.
Taking Control of the Future
No one wants to leave uncertainty for their loved ones. By planning ahead with a valid will or trust, you can ensure your legacy is passed on according to your wishes—not left to state law. And if you are facing the probate process after a family member has passed without a will, our team is here to help you through every step.
Call Champagne Law Firm at 865-228-8080 or reach out online to schedule a consultation about estate planning or probate in Tennessee.
